Understanding California's Lawmaking: Bills To Laws

The process of how a bill becomes a law in California is commonly referred to as the Legislative Process. The California State Legislature consists of two houses: the Senate and the Assembly. All legislation starts as an idea, which can come from anyone. The process begins when a Senator or Assembly Member decides to author a bill. A legislator then sends the idea for the bill to the Legislative Counsel, where it is drafted into an actual bill and returned to the legislator for introduction. If the author is a Senator, the bill is introduced in the Senate; if the author is an Assembly Member, the bill is introduced in the Assembly.

How an idea becomes a bill

All legislation starts as an idea. Ideas can come from anyone—constituents, lobbyists, special interest groups, or legislators themselves. The process of turning an idea into a bill begins when a Senator or Assembly Member decides to author a bill. The legislator then sends the idea for the bill to the Legislative Counsel, where it is drafted into an actual bill. The draft is then returned to the legislator for their review and introduction. If the author is a Senator, the bill is introduced in the Senate; if the author is an Assembly Member, it is introduced in the Assembly.

The bill is then assigned a number and read for the first time, along with the bill number, the name of the author, and a descriptive title. After the first reading, the bill is sent to the Office of State Printing and then to the Rules Committee of the house of origin, where it is assigned to the appropriate policy committee for its first hearing. Bills are assigned to policy committees according to their subject area. For example, a Senate bill dealing with health care facilities would first be assigned to the Senate Health and Human Services Committee for policy review. Bills that require the expenditure of funds must also be heard by fiscal committees: the Senate or Assembly Appropriations Committee.

During the committee hearing, the author presents the bill, and testimony can be heard in support of or opposition to the bill. The committee then votes by passing the bill, passing it with amendments, or defeating it. Bills can be amended several times, and it is important to send letters of support or opposition to the author and committee members before the bill is scheduled to be heard in the committee. It takes a majority vote of the full committee membership for a bill to be passed by the committee.

After the bill passes the policy committee, it is read for the second time on the floor of the house of origin and then assigned to the third reading. When a bill is read for the third time, it is explained by the author, discussed by the members, and voted on by a roll call vote. Most bills require a majority vote to pass, while urgency measures and appropriation bills require a two-thirds vote. If a bill is defeated, the member may seek reconsideration and another vote.

The role of the Policy Committee

The Policy Committee plays a pivotal role in the legislative process in California, determining whether a bill will advance and, if so, in what form. Once a bill has been introduced and read for the first time, it is sent to the Rules Committee of the house of origin (the Senate or Assembly), which assigns it to the appropriate policy committee based on its subject matter. For example, a bill concerning healthcare facilities would be assigned to the Senate Health and Human Services Committee.

The policy committee is responsible for conducting the first hearing of the bill, where the author presents the bill, and testimony can be heard from supporters and opponents. This hearing offers an opportunity for the public to influence the legislative process by expressing their positions directly to the committee. It is essential to note that bills cannot be acted upon until 30 days have passed from their introduction, providing ample time for stakeholders to engage and communicate their perspectives to the committee members.

During the committee hearing, the committee members scrutinize the bill and may suggest amendments to address concerns or improve its effectiveness. The committee then votes on the bill, with options to pass it, pass it with amendments, or defeat it. Bills can undergo several amendments during this process, and it takes a majority vote of the full committee membership for a bill to be passed by the committee.

The policy committee's analysis and vote are significant as they shape the bill's trajectory. A passed bill will proceed to the next steps in the legislative process, moving towards a potential second and third reading and, ultimately, a vote by the entire house of origin. On the other hand, a defeated bill may face reconsideration, or its proponents may need to revise and advocate for it during the next legislative session.

Fiscal Committee considerations

Bills that have a fiscal impact or state cost will be heard by either the Senate or the Assembly Appropriations Committee. This is where Fiscal Committee considerations come into play. The focus of these committees is on the fiscal impact of the bill, rather than the policy considerations.

It is important to inform the committee members of your position on the bill, whether you support or oppose it, and the reasons for doing so based on a fiscal argument. Committee members will read staff analyses from the policy committee, the Department of Finance, and/or the Legislative Analyst before they vote. These analyses are publicly available online. If you believe the numbers or fiscal impact reported in these analyses are incorrect, you should prepare written comments and material to distribute at the hearing.

The bill then passes to the second reading on the Floor if it passes the fiscal committee. Bills that require an appropriation or that take effect immediately generally require 27 votes in the Senate and 54 votes in the Assembly to pass.

The Governor's options

Once a bill has been approved by both houses of the California State Legislature, it is sent to the Governor, who has three options:

• Sign the bill into law: The Governor can choose to sign the bill, officially making it a law. This is the standard procedure for bills that the Governor supports and agrees with.
• Allow it to become law without a signature: In this case, the Governor neither signs nor vetoes the bill. By taking no action for 12 days after receiving the bill, the Governor effectively allows it to become law without their explicit approval. This option may be chosen when the Governor has no strong opinion on the bill or wants to avoid taking a public stand on a controversial issue.
• Veto the bill: If the Governor disagrees with the bill or has concerns about its content, they can veto it. A veto statement is released, explaining the reasons for the veto. However, the Governor's veto can be overridden by a two-thirds vote in both houses of the Legislature.

The Governor's role in the legislative process is crucial, as it allows for a final review and approval of bills before they become laws. The options available to the Governor ensure a balance between their power to shape legislation and the ability of the Legislature to enact laws with or without the Governor's explicit support.

How to track a bill's progress

Tracking a bill's progress in California is a straightforward process, thanks to a number of helpful print and electronic sources. Here are the steps you can take to stay informed about a bill's journey through the legislative process:

• Identify the Bill: To track a bill, you first need to know its number or the name of the legislator who introduced it. Bills from the California State Senate start with the prefix "SB", while those from the Assembly begin with "AB". You can also search by subject or by referencing existing sections of the California Constitution, codes, and uncodified laws affected by the bill.
• Use Online Resources: There are several online resources available to track California legislation. The Official California Legislation Information Inquiry System (Leginfo website) is a comprehensive source. To use this site, you must first create an account. After registering and logging in, you can subscribe to updates on specific bills. You will then receive notifications about hearings, amendments, and other actions taken on those bills. The website also provides information on the status and history of a bill, including introduction dates, amendment dates, and voting records.
• Utilize Legislative Indexes: The Legislative Index, published by the Legislative Counsel, is another helpful resource. It provides a subject matter index of all legislative measures for the current legislative session, indicating the subject of each bill, constitutional amendment, and concurrent or joint resolution, as introduced and amended.
• Explore Databases: Westlaw's California Bill Tracking and Lexis' Full-Text Bills database offer full texts of current California legislation and are updated daily. These databases allow you to search by bill number, author, subject, or affected sections of the law.
• Stay Informed through Alerts and Notifications: Both Westlaw and Lexis offer alert features. You can subscribe to alerts for proposed legislation and receive notifications about specific bills, keeping you apprised of their progress.
• Contact Legislators and Offices: Another way to track a bill's progress is by staying in direct communication with your legislator or the author of the bill. You can express your support or opposition and receive updates on the bill's journey. Additionally, District Office staff are available to serve constituents and can provide valuable information and contacts.

By utilizing these resources and staying engaged in the legislative process, you can effectively track a bill's progress as it navigates the California State Legislature.

Frequently asked questions